Kevin Smyth

Kevin Smyth

Mediator & Solicitor

Short Introduction

Kevin believes that in every mediation a settlement is possible, and from the outset encourages the parties to think likewise. He uses a mix of approachability, awareness, empathy, pragmatism and decisiveness to help them to achieve one. His style is energetic and involves managing the process before and on the mediation day with an appropriate degree firmness. Reality testing in a focused and constructive way is also an important element of Kevin’s style and general approach to the mediation process.

Testimonials

"...sensible, thoughtful and finally managed to broker an agreement when initially the parties were poles apart… He is uniquely qualified to be a mediator. He is dedicated, organised, experienced and proficient… It was a privilege to witness his calm, measured, authoritative yet warm approach and his making of strategically correct decisions at every stage."

Client Feedback

"I was really impressed with him. He was nice and helpful and as an impartial observer, the reality touch he gave was very useful. His style was fair, realistic and sensible. He was chosen based on his experience and as a solicitor."

Client Feedback

"Kevin was ‘brilliant’. He made me feel so comfortable and I hadn’t expected to. I felt very comfortable going into the mediation. He had spent a lot of time the week before working with me and talking about the issues…he brought gravitas and stopped the whole process from breaking down."

Client Feedback

About Work

Kevin retired as a solicitor in 2019 having been variously a Director, Senior Partner and Head of Litigation of his firm. Since then, he has been a full-time mediator with over 27 years’ experience. He has conducted over 175 mediations in cases relating to a wide variety of disputes and industries, 80% or so of which have resulted in a settlement being reached. Kevin has mediated cases concerning mainly clinical and other professional negligence, personal injury, disputed wills and other contentious probate disputes including Inheritance (Provision for Family & Dependants) Act claims, shareholder and partnership disputes, insurance, employment (including workplace mediations for which he is CEDR-Accredited and trained to conduct), discrimination, many different types of commercial and personal disputes as well as those relating to financial provision following separation/divorce. Throughout his career as a solicitor, Kevin practised solely as a civil litigation lawyer; for much of it in the professional negligence and clinical negligence/personal injury arenas. In the case of the latter, he successfully prosecuted several multi-million £ clinical negligence claims that resulted in awards of significant damages. Kevin is also a highly experienced practitioner of independent chairing in the public and private sectors. He has chaired numerous appeal hearings of the Legal Aid Agency’s National Special Review Controls Panel as well as its Funding Review Committees. He has also chaired meetings related to employment and workplace issues and was the Chairman of the Board of Governors of a well-known large independent secondary school for six years.

Expertise

  • Employment & Workplace
  • Private Client
  • Commercial & Corporate
  • Construction, Property & Planning
  • Banking, Finance & Insurances
  • Public Sector & Governance
  • Culture, Lifestyle & Sport
  • Equality & Social Justice
  • Industry, Energy & Environment
  • Healthcare & Personal Matters
  • Technology, Media & IP

Languages

  • English

Other Awards

Fellow of the Civil Mediation Council (elected April 2021). Civil/Commercial CEDR Panel Mediator since 2000. Appointed and still currently a Court of Appeal Civil/Commercial Panel Mediator. Law Society’s Civil/Commercial Mediation Panel (Practitioner Member from August 2002 until retirement as a solicitor). Law Society’s Personal Injury Panel (May 1994 until retirement as a solicitor). Law Society’s Family Law Panel (June 1999 until May 2014).

Memberships

  • The Law Society
  • The Civil Mediation Council (made a Fellow April 2021)
  • Sussex Law Society (President 2015/2016)
  • High Sheriffs Association (since 2018 Kevin has been the Under Sheriff for the Bailiwick of Sussex).

Publications

The Legal Executive Journal November 2003 - Article published entitled “Mediation - The Benefits for Litigants and their CPR Obligations.” The Family Law Journal July 2010 - Article published entitled “Family Mediation-another way?”. Mediation Resolution’s website – www.mediationresolution.co.uk in the Documentation and Resources section – Blog May 2024 – ‘How Lawyer- Mediator cooperation creates successful outcomes.’ Other articles written for and seminars presented to local Chambers of Commerce and trade organisations.